Former Cold Train LLC executives have file an amended complaint for damages against Burlington Northern Sante Fe Railway (BNSF).
An original $41 million lawsuit was filed in April 2015 against BNSF by Cold Train’s former President/CEO Steve Lawson and Managing Member Mike Lerner. The amended complaint was filed November 20th in U.S. District Court, Spokane, WA. It details even more significant issues about BNSF actions, which allegedly caused Cold Train Express Intermodal Service’s failure.
In particular, the amended lawsuit states that BNSF engaged in unfair and deceptive trade practices and violated the Washington Consumer Protection Act by wrongfully requiring Lerner, Lawson, and Cold Train, LLC to agree to a 95 percent carriage requirement, which effectively prohibited Cold Train from using other rail carriers. BNSF allegedly refused to revise its wrongful 95 percent carriage requirement despite promises to the contrary, and by refusing to allow the Cold Train to ship more than five percent of its traffic on other railroads.
BNSF’s unfair and deceptive trade practices were conducted in the course of its railroad business and caused significant harm to Lerner, Lawson, and Cold Train, LLC